On Thursday, the first hearings in the lawsuit filed by South Africa against Israel, accusing it of committing “genocide” in the Gaza Strip, began in the halls of the International Court of Justice in the Dutch city of The Hague.
The legal representatives of Johannesburg stated that there is an intention by Tel Aviv to commit genocide in Gaza and to destroy the Palestinian people, through sniping and bombing, saying: It is “a war of extermination against children, and it aims to eliminate life by crushing everyone in Gaza, and Israel is aware of that.”
During this lawsuit against the occupying state, some wonder about the powers of international “justice,” the extent to which its decisions are binding, and what their nature is.
What is the International Court of Justice?
The International Court of Justice is the judicial body established by the United Nations Charter to settle disputes between states. Its statute is part of the Charter and constitutes its fifteenth chapter (final chapter).
The court’s website indicates that it does not try individuals, but rather states. The Court focuses on the international duty and responsibility of states. Even if the ICJ is a charter body, its jurisdiction is not mandatory for UN Member States, which remain free to accept its jurisdiction on either a permanent or ad hoc basis.
Only States may refer matters to the International Court of Justice against other States that have also accepted its jurisdiction, and neither individuals nor informal organizations may refer matters or cases to that Court.
Are its terms of reference and decisions mandatory?
The court’s jurisdiction applies to all disputes that include a legal element, such as the interpretation of any treaty and any point of international law, the existence of any fact that, if confirmed, would constitute a breach by a state of its international obligations, and the nature or extent of the compensation to be provided in exchange for breach of this obligation, according to Article 36 of the law.
It is noted here that the jurisdiction of the International Court of Justice is not mandatory, and States must formally accept its jurisdiction either in general or as a specific purpose on the occasion of any private dispute (Article 36 of the Statute). Once states accept to take a case to court, its decisions become legally binding. In the case of Israel, it has already accepted the court’s jurisdiction by accepting the case and sending a legal team to defend it.
The decisions of the International Court of Justice are binding and final concerning States, and the Security Council has the power, at the request of the affected State, to implement special measures to enforce the judgment of the International Court of Justice.
In other words, the court’s rulings are binding on the state as long as the states in dispute or disagreement have already accepted the court’s jurisdiction. If a state fails to perform the obligations imposed on it under a ruling, recourse can be made to the Security Council, which can vote on a resolution and force a state to implement the ruling. Issued by the Court, under the Charter of the United Nations.
Also Read: https://usateller.com/morocco-the-presidency-of-the-human-rights/
Comments 2